July 2007 Bulletin...BAD NEWS

[nervewreck]

Here's a question, if one files 485 and EAD, one can be stuck on EAD for some time as it has been suggested, renewing EAD after EAD.
But EAD is work authorization, not an immigration status right?? So what is a persons status working on EAD over a long period of time?? Can one be waiting on adjustment of status for years?? Cannot leave the country without AP right..??

Neil -
Yes EAD is work Authorization. Your Immigration status would still be categorized as Pending AOS, until the 485 gets approved. Once you start using your EAD, AP is the only way to leave the country as you no longer are using your H1 status.

 

[nervewreck]

now all the categories are current now iam planning to apply for 485 in july.my wife is planning to travel india in aug and planning to get h4 stamped .
i have applied for h1 8yr-extension and waiting for approval.is ist safe to travel after applying for 485 or should i wait to get my advance parole approved.
pls advice .Thanks

deba, ccv and others planning for travel when submitting AOS:

I have seen posts from Ginnu, RealCanadian and others at length on this topic. One should atleast wait until you have your 485 receipt notice in hand before you leave the country. As far as I remember, that should suffice, as your H status is still valid. Again, please ensure that you are not going out of status, when you are planning the travel. If your H visa expires, and you dont have the AP approval yet, that will be a sticky situation !

Ginnu/RealCanadian : Your insight appreciated.

 

[ccv]

485 filing

I am not going to be travelling and I am still going to hold on to my H1-B status. I guess that is fine. Right ???

However, with an expired visa as of 5.31.2007 and H1-B currently in process for a extension. CAN I FILE I-485 by attaching the H1-B extension notice ???

Thank you !

 

[gcneednow]

Hi Serta2002,

You mentioned that PD will most probably retrogress back to 2001-2002.
In that case , what happens to all the people who have already applied for 485 long back and are simply waiting for their Priority dates to become current so they can get their card i.e waiting for AOS ?
For example, XYZ with PD March 2003 ( EB3) had concurrently applied for I140 / 485 in Dec 2004. His I140 is approved and has EAD card but was waiting for his PD to become current for Adjustment of Status. So considering June 2007 bulletin he was current and eligible for AOS.
Come Oct / Sept , assuming that the dates retrogress back to 2001 , how does it affect him ? If by then there is no progress on his case and he has not recd his green card, does he have to wait all over again for his PD to become current ?

Would appreciate a response on this .

Yes, I can explain that:

1) First proof is this statement: "This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases,.....
Why did they not move dates to say 2005. By making it current they want people to apply I-485.

2) Once you apply, the PD will most probably retrogress back to 2001-2002. So you are left with applying EAd/AP year after year, until your PD becomes current sometimd in 20012-13 !

3) They wanted to encourage as many people to apply, as the ultimate aim seems to be to get you in the EAD/AP renewal mode.

Whatever way I look at it, I cannot beleive that the increase in fees and the PD becoming current are not related to each other.

 

[MA_05]

I am not going to be travelling and I am still going to hold on to my H1-B status. I guess that is fine. Right ???

However, with an expired visa as of 5.31.2007 and H1-B currently in process for a extension. CAN I FILE I-485 by attaching the H1-B extension notice ???

Thank you !

Technically you are still in legal status and you can file I-485. To show you legal status you have to give the receipt notice of your H1B extension.

PS: I am not a lawyer, so act accordingly.

 

[GCorBust]

Hi Serta2002,

You mentioned that PD will most probably retrogress back to 2001-2002.
In that case , what happens to all the people who have already applied for 485 long back and are simply waiting for their Priority dates to become current so they can get their card i.e waiting for AOS ?
For example, XYZ with PD March 2003 ( EB3) had concurrently applied for I140 / 485 in Dec 2004. His I140 is approved and has EAD card but was waiting for his PD to become current for Adjustment of Status. So considering June 2007 bulletin he was current and eligible for AOS.
Come Oct / Sept , assuming that the dates retrogress back to 2001 , how does it affect him ? If by then there is no progress on his case and he has not recd his green card, does he have to wait all over again for his PD to become current ?

Would appreciate a response on this .

Yes, he has to wait for his PD to become current. Here is how I understand this process:

It is possible for PDs to retrogress again as indicated in the July 2007 Visa Builletin. For instance if PDs retrogress again in August, it is important to know that even if a retrogression occurs, USCIS must accept ALL otherwise eligible I-485s filed by July 31. USCIS will then continue to provide EAD and AP benefits until the 485s are adjudicated. Further, please note that in the event of a retrogression, USCIS will adjudicate I-485 applications that were filed prior to retrogression only if the individual’s Priority Date is current at the time they review it. For example, if your Priority Date is EB-3 06/01/2006 and the August 2007 Visa Bulletin retrogresses that category’s date to 04/02/2006, USCIS will continue to hold your pending I-485 but will not process it until your 06/01/2006 Priority Date becomes current again. Therefore, one’s Priority Date (the date the Labor Certification Application was filed) will likely again supercede the filing date of the I-485. While it is important to file the I-485 by July 31, it is probable that no advantage will be gained on the basis of one having been filed earlier than another.
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